Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Is it a waste of time appealing a restraining order Renewal…

Is it a waste of...
Is it a waste of time appealing a restraining order Renewal in California, Contra Costa county?I am going through a divorce, my X came to my house 7 times and I had to call the cops on her 7 times and filed 7 police reports against her to remove her. She also had 2 TRO’s filed against her. Because the judge liked her, they put the restraining order against me during our 5 day divorce trial.After the final divorce ruling with 20 years of marriage 3 income producing houses, a business and homes all total equity of 1.2M again the judge liked her and gave her 100% of everything, and it is all now on appeal primarily based on the judge ignoring my ownership, judges mistakes and rulings not matching evidence, facts or testimony.Since the final ruling & during the current appeal, a neighbor advised me my X was selling community assets that were never ruled on in the trial, and the appeals court is addressing. Since I already had a restraining order on me I stayed many blocks away and called the Police so they could verify she was in fact selling items. Upon the police first going to the front of the property, my X lied to the police saying there was no sale. The police returned to me and said no sale. After I called the neighbor to find out where exactly the sale was, I found out it was in the rear of the property. I advised the police to go to the rear of the property where they verified she was in fact having a sale and they documented this on the police report she lied to them the first time (typical).Now my X has renewed the restraining order for 5 years against me and I need to know if it is appealable? I was not harassing or stalking her as she claims, I have not seen or contacted her since the divorce trial. I only had the police verify the ongoing sale that one day.On one hand, I believe the way I read the law word for word and action for action, I did not harass or stalk her in any way that would put me into any category to justify renewing this restraining order against me. I did not violate the following Family Law -FAM 6203, 6211, 6388, CCP 527.6, The police simply documented the sale, but of course she claimed "I was using the police to harass her...".I do not know if trying to convince an appeals judge I did not violate those codes is even enough to win an appeal.What I think may make any appeal win impossible is the following –FAM 6345 (a) reads – “…. These orders may be renewed, upon the request of a party, either for five years or permanently, without a showing of any further abuse since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party”.Additionally – CCP 527.6 (j) (1) reads – “The order may be renewed, upon the request of a party, for a duration of no more than five additional years, without a showing of any further harassment since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party”.** If all that is required to renew a restraining order is for the respondent to simply apply for one, then it appears an appeal for any reason argued would be a waste of time, is that typically true?Will an appeal likely be a waste of time?Thank You,Dave
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
10/31/2017
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,515
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Family Law Question

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Since the original Restraining Order was issued, then the renewal is a matter of course. You would be better off focusing your resources and energy on the appeal pertaining to the property distribution. I am baffled by the judge awarding here 100% of property in California. California is a community property state and distribution is nearly always 50/50.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,515
Experience: Over 30 years of experience.
Verified
Gerald-Esquire and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Gerald-Esquire Your Own Question
Gerald-Esquire
Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 5,515
5,515 Satisfied Customers
Experience: Over 30 years of experience.

Gerald-Esquire is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Me soon to be Ex and I agreed to dissolution of marriage. My
Me soon to be Ex and I agreed to dissolution of marriage. My attorney drafted a parenting plan and separation agreement. These items were sent to his attorney and instead of receiving the draft agreem… read more
LegalGems
LegalGems
Juris Doctorate
13,308 satisfied customers
I went through a 5 year divorce and the Judge gave 100% of
I went through a 5 year divorce and the Judge gave 100% of our 26 years of investments all to my X totaling over $1.2M in equity alone. My Appeal has been filed on the main case and my X is trying to … read more
socrateaser
socrateaser
1,031 satisfied customers
I am divorced and my wife keeps disobeying the parenting
I am divorced and my wife keeps disobeying the parenting plan. One of the provisions we have is right of first refusal. If she hires a baby sitter and will be away for more then 3 hours. She has to co… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,537 satisfied customers
I have a restraining order against my ex girl friend. 2
I have a restraining order against my ex girl friend. 2 questions: would standing on the side of the road a couple miles from her house with signs reading "don't cheat and leave your significant other… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My husband has surprised me with telling me he wants a
My husband has surprised me with telling me he wants a divorce. We are in TX. In the last week, I have learned that he has either, put a GPS tracking system on my car, or he has hired someone to follo… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
My ex-wife has a restraining order against me (thank god).
My ex-wife has a restraining order against me (thank god). I blocked her profile so that there would be no argument that I was making any effort to contact her. About a year ago, she or her sister log… read more
LegalGems
LegalGems
Juris Doctorate
13,308 satisfied customers
Hello, my wife has been in a custody battle with her daughters(my
Hello, my wife has been in a custody battle with her daughters(my step daughter) father. Father has made several threats over facebook messages on my life including statements like "I will have you on… read more
LegalGems
LegalGems
Juris Doctorate
13,308 satisfied customers
California Restraining Order. 22 year-old daughter has received
California Restraining Order. 22 year-old daughter has received repeated unwelcome visits and emails, along with emails to dad (me) and older brother from mentally troubled 38 year-old now former fami… read more
LegalGems
LegalGems
Juris Doctorate
13,308 satisfied customers
my ex girlfriend is pregnant, I did not want to have a child,
my ex girlfriend is pregnant, I did not want to have a child, she's going to have the child and were no longer together. She is unstable and relentlessly texts me and my family. I want to give her mon… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
How can I remove a restraining order in Riverside County, CA
How can I remove a restraining order in Riverside County, CA that is at least 16 years old? This was something from when I was young. It is the only thing showing for me.… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
Were having some serious nanny issues and need advice on best
We're having some serious nanny issues and need advice on best next steps. For context, here are the gory details: -We had a nanny (and she had a replacement nanny to help when she was sick, which as … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
In CA. if a couple is married but having a trial separation
In CA. if a couple is married but having a trial separation no legal forms have been filed. How can a wife protect herself if the husband has been using friends to tap into her cell phone. He has been… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
How do I prevent someone from filing a false restraining order
How do I prevent someone from filing a false restraining order? My ex-girlfriend (broke up last week after a month long romance) called me and said her boyfriend beat her up and put her into the hospi… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,847 satisfied customers
To Socrateasers (Getting Custody & Vistation Reinstated) ok
To: Socrateasers (Getting Custody & Vistation Reinstated) ok so you know about the dv restraining order and that judge granted the mother sole legal and physical custody. you stated that my regular ju… read more
socrateaser
socrateaser
1,031 satisfied customers
Can a cease and desist order be filed against a separated spouse
Can a cease and desist order be filed against a separated spouse for defamation? And at what does an act become harassment?… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I live in Tampa Florida. I want to sue my husbands ex-girlfriend
I live in Tampa Florida. I want to sue my husbands ex-girlfriend for 12 years of mental abuse and verbal abuse via e-mails and text messages. Though I have no plan to divorce my husband I must find a … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
In a domestic violence restraining order hearing (permanent injunction hearing) in CA
what is the burden of proof and who has it? Is it "clear and convincing evidence" or some other standard? Please discuss and give examples.… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Can I get a restraining order on my husbands girlfriend
MY husband left me for another woman and I dont want to be around her in any way. She has never threatened me but I dont want her never my home. We have tried to work it out but she will not leave him… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x